1. Employee vs. Employer Contributions
Employee contributions are typically 100% vested immediately. However, employer contributions—like profit sharing or matching—can be subject to vesting schedules. If the participant spouse (usually the employee) hasn’t worked long enough to be fully vested, some of the reported balance may never actually be available. The QDRO should clearly separate vested from non-vested funds and assign only what’s eligible to the alternate payee (usually the ex-spouse).

